Donath Law, LLC Wishes You and Your Family a Very Happy, Healthy
and Prosperous New Year.

A new year offers a chance for new beginnings. Whether you are looking this year to get a new job or leave a job you are not happy with, get a raise or promotion, create a better work or life situation, change the way you are treated at work or just understand your options, Donath Law, LLC can assist you.

Contact Sheree Donath to find the best route to achieve your goals for 2019.

Employees are generally concerned about filing a workplace complaint. The two most comment questions that employees have are: Will my complaint be confidential? And will I be retaliated against for reporting my concerns.

While employers should have clear policies for complaint reporting, many don’t. This makes the filing of a complaint even more scary for the employee who got up the nerve to finally report the concern that is personal to the employee.

What is even worse, is when my clients report that their employers try to discourage the reporting of complaints and do not take any action to eliminate the Complainant’s concerns. 

So what should the employee know and do to file a complaint and have that complaint properly investigated?

First, employees should know that if they make a complaint, it cannot always be kept confidential. Why? Because in order to investigate the complaint, the employer will need to speak with the person(s) that you are alleging engaged in the wrongdoing, as well as any potential witnesses.

Second, the employee should document their complaint so that there is a clear record of the complaint. In my practice I have come across many employers, for various reasons, who do not document complaints raised by their employees. The employee should protect themselves and make sure that the report is documented, either using the employer’s complaint form, if any, or through email.

Third, the employee should provide relevant documents. Any documents provided should also be retained by the employee. It is helpful to submit any relevant documents by email, so that there is a record of the documents and the employee’s sending them.

Fourth, the employee should provide names of possible witnesses. To assist in the investigation, the employee should provide the names of others who may have witnessed the subject(s) of the complaint(s) or may have been subjected to the same or similar conduct.

Fifth, the employee should ask the expected timing of the investigation. It is helpful to know if the investigation is expected to take a few days or a few months. This may be dependent on the specifics of the complaint itself and how many people may have been involved or have information related to the employee’s concerns.

Sixth, the employee should ask if there will be a written finding and will the employee receive a copy. Many times the company will verbally provide a verbal finding to the employee. However, the employer may be preparing a written statement for their records. The employee can request a written finding or put the finding in writing on their own.

Seventh, the employee should request interim action be taken during the investigation, if warranted. Depending on the nature of the complaint, interim action may be sought (i.e. paid or unpaid leave of absence for the victim or accused; transfer, etc.).

Eighth, the employee should seek confirmation that the employee will not be retaliated against for making this complaint. Employees should not be subject to retaliation for coming forward and most employer’s have anti-retaliation policies. However, it is helpful for employees to reiterate their concerns and have the employer put this promise of no retaliation in writing.

For assistance in reporting workplace complaints and/or guidance in understanding the process or with the outcome, contact Sheree Donath at (516) 804-0274 or at sheree@donathlaw. 

Around Thanksgiving employees should take time to decide if they are thankful that they simply have a job or for the job itself. That is, are you thankful for the following: 

·     having a job

·     getting a paycheck

·     receiving benefits

·     the people you work with

·     the work that you are doing

·     the opportunities that the job brings

If you are simply thankful to have a job and get a paycheck then it may be time to explore your options. Is it time to seek a promotion? Is it time to look for a new job or a new career path? What can you do to bring about change that will make you happy to go to work each day?

Thanksgiving is a time for reflection. What is it that you truly want from your job? Can this be accomplished at your current employer? If so, how can you seek or seize the opportunities that you want to obtain? What are the next steps? What is it you are looking for (i.e. promotion, more money, flexible arrangement, etc.).

If what you are seeking to obtain is not available at this job, it is time to contemplate next steps such as seeking new employment, returning to school, etc. However, if you do decide that new employment is what you want, we do not recommend making hasty decisions like resigning from your current job without a new job commitment. For example, resigning your job will generally preclude you from getting unemployment benefits and depending on you situation you may lose deferred compensation and be subject to a non-compete, among others.

For guidance on navigating your current situation, seeking to make changes in your present employment or discussing a transition out of your job contact Sheree Donath at (516) 804-0274 or at Sheree@DonathLaw.com. 

The New York State Election Law provides that employees who are registered voters that do not have sufficient time to vote, outside of working hours, can take up to two (2) hours of paid time off from work to vote.

However, if an employee has four (4) consecutive hours either before or after work, when the employee can vote, then the employee is not entitled to paid time off to vote. The law provides that four (4) consecutive hours when the polls are open and employee can vote (without interfering with their job) is considered sufficient time for the employee to vote.

If the employee has less than four (4) hours before or after work to vote, then the employee can take time off, at the beginning or the end of their shift, to allow them sufficient time to vote. The employer and employee can also mutually agree for the employee to take time off during the work-day to allow the employee to vote.

Employees are to be paid for the up to two (2) hours of time they may take to vote.

In order to comply with this law, employees are required to provide notice to their employer of the need to take voting leave “not more than ten nor less than two working days before the day of the election”.

Employers cannot penalize an employee for requesting or taking voting leave.

For more information regarding your rights in the workplace contact Sheree Donath at (516) 804-0274 or Sheree@DonathLaw.com

Employees who have received an Employment Contract or an Offer Letter should have it reviewed by an attorney before signing it and accepting the terms within. While most people are concerned that any delay in signing and returning an Offer Letter and/or Employment Contract can result in the loss of the job, it may be detrimental to you quickly sign the document and not to fully understand the relation that you are entering into, more specifically – the obligations you may be agreeing to and the rewards that may or may not be within the document you are signing. It is also important to remember that you are considered valuable at the time an offer is being extended to you and this is the best time to maximize on your value.

Before signing an Offer Letter and/or an Employment Contract, these are some points to think about:

·     Will you be an “at will” employee (meaning that you can be terminated for any reason or no reason at all, so long as the reason does not violate the law) or are you being hired for a set period of time (i.e. 1 year);

·     Does the document include your title, work location, or who you will report to?

·     Are you being offered a “guaranteed” or “discretionary” bonus and if a “guaranteed” bonus is it truly guaranteed?

·     What benefits/ perks will you be receiving? Are these the same as other employees in similar positions?

·     Are there any other documents and/or policies and/or handbooks that are incorporated by reference into this document and if so, have you received copies of these items for your review.

·     Will you have to sign a non-compete agreement, confidentiality agreement, workplace invention agreement, etc.

·     Are you to receive equity or stock and if so when, do they need to be approved by the Board or others, and did you receive a copy of the plan documents?

·     Are you relocating for the position and if so, are the terms of the relocation set forth in the document or will you be receiving another agreement detailing the specific understandings you have reached; and, 

·     Does the document say what happens if you are terminated with or without cause? Can you resign for “Good Reason”? Will you receive any severance?

Aside from the above items, there are other factors to be contemplated. For example, if you are presently employed, when is the proper time to give notice of your resignation to your current employer? Also, are there any restrictions on your future employment that would prevent you from taking this new position? And if you have restrictions, have these been disclosed to the prospective employer?

Donath Law, LLC can assist you in reviewing the necessary documents to protect you on the way into your new employment and at the same time review any documents that you may have signed at your current or former employer to make sure you understand your rights and obligations on the way out. Donath Law, LLC also understands that this process is timely and any Offer Letter and/or Employment Contract must be reviewed and responded to promptly. As such, Donath Law, LLC is available in the evenings and weekends to make sure that you can promptly respond to the prospective employer.

Additionally, Donath Law, LLC is available to assist you during the negotiation process (either directly or in a counseling capacity) with a prospective employer so that you may raise the necessary points in the discussion phase and prior to your receipt of any agreement you believe is on its way.

If you are interested in these services, please contact Sheree Donath at Sheree@DonathLaw.com or at (516) 804-0274.

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Employers in New York are required to ensure that they have a Sexual Harassment Prevention Policy consistent with the new rules. The policy is to go into effect and be distributed to all employees as of October 9, 2018. The policy must meet certain minimum standards. Policies previously prepared by employers may not comply with the new requirements.

For more information on the minimum standards that must be in the new Sexual Harassment Prevention Policy click here.

To review a copy of the model policy click here.

A copy of the policy should also be posted in an area where employees can easily access it (i.e. breakroom, kitchen, conference area).

New employees should be given the policy before they start working.

Sexual harassment training is also required. Employers must provide training to all employees by October 9, 2019 and employees must complete the training once a year. New employees should receive the training as quickly as possible.

The state has enacted minimum standards necessary for the training. The training must be interactive, include a definition of sexual harassment, include examples of sexual harassment, include federal and state statutory provisions and the possible remedies; include the employees’ rights of redress and the forums where they can raise their complaints, and include information addressing conduct of supervisors and their additional responsibilities. The policy also should contain a provision assuring the employee(s) of no retaliation.

For assistance in reviewing and updating your sexual harassment policy contact Sheree Donath at Sheree@Donathlaw.com

In preparing for divorce mediation and the first meeting with the mediator, it would be helpful for the parties to gather some basic information so that they can speak to many of the open issues that need to be resolved during the process. This article does not discuss child custody or parenting plans and therefore does not address the documents specific to the children. Rather, this speaks more to the parties being able to equitably distribute their property.

So what documents and information should the parties gather or prepare prior to meeting with the mediator? The below list are some, not all, of the items that will need to be reviewed during the mediation process.

As a reminder, the parties are entitled to complete transparency regarding their individual and joint assets and should be prepared to disclose all aspects of their finances to the other person.

In moving forward, the parties should be prepared to discuss the following items:

·       their salaries; compensation and any other monies that are paid to them regularly from any source (i.e. unemployment, disability, pension, social security, etc.);

·       any deferred income;

·       any retirement, 401K, 403B, pensions

·       bank accounts, stock accounts, investment accounts (type of account, value of accounts, jointly or individually held);

·       life insurance (term or whole, value and beneficiaries);

·       properties owned – including marital home; vacation homes; timeshares; etc. (plus equity in the home, amount owed on any mortgages, home equity loans)

·       vehicles owned (cars, motorcycles, boats, etc.)

·       debts owed (credit card, mortgage, student loans, etc.)

·       pre-nuptial or post-nuptial agreements

·       tax returns from prior years

·       personal property information (jewelry, art, antiques)

Once the parties have gathered this information they should be prepared to discuss how they want to distribute the property and be prepared to disclose it to the other person.

For more information on what the mediation process entails, how to move forward with mediation or if mediation is the right process for you and your spouse, contact Sheree Donath at Sheree@DonathLaw.com.

Per the Stop Sexual Harassment in New York City Act, effective September 6, 2018, New York City employers are required to post an anti-sexual harassment rights and responsibilities poster in employee breakrooms or other common areas. These posters must be posted in both English and Spanish. Employers can also choose to post the poster in other languages.

Effective September 6, 2018, New York City employers are also required to distribute a fact sheet on sexual harassment to all employees at the time of hiring. Employers can do so through a separate document or by including the fact sheet within the Employee Handbook, provided the employee receives and is required to review the handbook at the time of hire.

To obtain copies of the poster click here.

To obtain copies of the fact sheet click here.

For more information on your rights in the workplace, contact Sheree Donath at Sheree@Donathlaw.com.

Many employers relocate employees to strategically place them throughout the organization and to remain competitive in the industry. Relocation generally occurs to satisfy the business needs of the company. Many companies maintain relocation policies and offer key employees incentives to consider relocation.

Your employer has asked you to relocate for work and has provided you with the terms the company is offering you in exchange for your agreement to relocate. Before agreeing to the relocation there are certain factors an employee should consider to ensure that the employee understands the offer being made, the incentives being offered, and the fine print of the offer. The list below are just some of the factors to contemplate before agreeing to the big move:

(a) will you receive a relocation agreement?

(b) will the agreement provide you with a guaranteed term of employment or will you still be an at will employee?

(c) who will pay for relocation costs?

(d) will the company pay for you to re-relocate after the term of the engagement?

(e) if you are relocating mid-year will you receive a bonus and if so, who (the original team or new team) will pay the bonus? Will you be receiving a guaranteed bonus amount?

(f) are there specific grounds for termination?

(g) will you have a job to come back to and if so, what will the role be?

(h) do you have the option of staying on? or relocating to a new location?

(i) are there any tax implications?

(j) will the company be relocating you and your family or just you?

(k) what expenses are reimbursable?

(l) are there any repayment triggers and if so, what is the repayment schedule?

Relocation is a big move. It can be highly beneficial for your career. However, it can also be financially devastating to you and your family if not carefully considered and negotiated. If you are considering relocating for your employer, you should speak with an attorney to ensure that you understand the terms of the offer and any document you are being asked to sign.

To schedule a consultation to find out more about the terms of your relocation package or to obtain advice for discussions with your employer about potential relocation contact Sheree Donath at Sheree@DonathLaw.com or at (516) 804-0274.

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Very often an employee is fired from their job without any notice. The employee is told to pack up their belongings and to leave effective immediately. At times, the employee is not even able to return to their workspace to obtain their personal items but is marched out of the door with or without security accompanying the employee. While the employee may not have done anything improper, the immediate dismissal appears to others inside and outside of the workplace as if the employee committed some kind of misconduct warranting the immediate termination.

For employees who are being terminated without any notice, there are certain questions that should be raised at the time of the termination or immediately afterward. Some of these items include, among others:

(a) what reason for my termination will be told to my colleagues?

(b) what will be told to outside vendors, suppliers, customers, clients, etc. that I have been working with about my departure?

(c) will I have an opportunity to say goodbye to my colleagues?

(d) can I assist in sending a departure announcement to my colleagues?

(e) what will be told to prospective employers who contact you for a reference?

(f) why am I being terminated without any notice?

(g) will there be a message put on my email or will my email be forwarded to someone else for response?

These are a few key components to raise in your termination meeting or shortly afterward. These questions, among others, are important, because your reputation is important. If you do not find out the answers to these questions, it is possible that people will assume your immediate termination was due to some wrongdoing that you were apart of and that inaccurate assumption may follow you when you are looking for new employment. Rumors are spread quickly in the workplace. Because of this it is important for employee’s to take proactive measures to halt them, so that they do not have to take steps to try to defeat them.

If you have recently been fired and want to understand your rights and whether you were fired improperly or illegally, contact Sheree@Donathlaw.com to schedule a consultation.